Remarriage and Alimony in Illinois

Learn how remarriage and cohabitation affect alimony rights in Illinois.

Although alimony is becoming less common, Illinois courts will still award alimony to a financially-dependent spouse who doesn’t have sufficient income to be self-supporting after divorce. When the spouse receiving alimony (the “supported spouse”) remarries, however, the paying spouse will usually want to terminate alimony.

This article explains how a supported spouse's remarriage or cohabitation affects alimony under Illinois law. If you have additional questions about remarriage and alimony in Illinois after reading this article, you should consult a local family law attorney.

Overview of Alimony in Illinois

In Illinois, there are several types of alimony, which may take the form of a lump-sum payment, a transfer of property, or periodic payments. Periodic alimony, by which the supporting spouse makes payments on a schedule (usually monthly) to the supported spouse, is the most common type of spousal support. Periodic alimony is usually set for a specific period of time, or until some event occurs—although in rare cases and long-term marriages, the court will award permanent alimony.

whether either spouse delayed education, training, or employment due to the marriage

the time needed for either spouse to get education or training to be employable, and

the tax consequences of alimony payments to either spouse.

Impact of Remarriage on Alimony in Illinois

Unless the spouses agreed otherwise in their divorce agreement, alimony ends automatically in Illinois when the supported spouse remarries. The paying spouse may stop making alimony payments as of the date of the supported spouse’s remarriage. The paying spouse doesn’t have to return to court or ask for a termination of support.

The supported spouse must notify the paying spouse at least 30 days before or within 72 hours of the marriage. The paying spouse is entitled to reimbursement for any payments made after the date of the wedding.

The paying spouse must still pay any amounts that were already due as of the date of remarriage. Also, if alimony was in the form of a lump-sum payment or property transfer, the paying spouse must still complete that payment or transfer, even if the supported spouse has remarried.

If paying spouses get remarried in Illinois, there is no automatic affect on their alimony obligation. It is, however, a factor courts can consider when deciding whether to continue spousal support payments. For example, if a man has remarried and is supporting a new family, Illinois courts have held that he shouldn’t necessarily have to support a childless former wife who is employable.

Termination or Modification of Alimony in Illinois

Illinois law allows either spouse to ask the court to modify or terminate alimony payments when there is a substantial change in circumstances. The judge will decide whether to change or end alimony based on the following factors:

either spouse’s change in employment status, and whether the change was voluntary

whether the supported spouse has made a good-faith effort to become self-supporting

either spouse’s inability to earn money in the future (for example, due to a disability)

the tax consequences of the alimony payments on either spouse

how long alimony has already been paid compared to the length of the marriage

each spouse’s property received from the divorce

either spouse’s increased or decreased income since the original alimony award

property gained by either spouse since the alimony award, and

any other factor that the court deems relevant.

If you want to modify or terminate alimony payments, you should file a motion in the county court clerk’s office. The court will schedule a hearing where both you and your ex-spouse must appear. You should be prepared to show the court evidence of any of the above factors that warrant a change or termination of the current alimony payments.

You can avoid a hearing if you and your spouse can come to an agreement on alimony. If you reach an agreement, put it in writing, sign it, and file it with the county court clerk’s office.

Impact of Cohabitation on Alimony

In Illinois, the paying spouse’s obligation to pay alimony terminates when the supported spouse begins cohabiting with another person. The paying spouse will need to file a motion to terminate support and prove cohabitation. In Illinois, cohabitation means that two people are living together, in a manner similar to a spousal relationship.

When the court is deciding whether two people are cohabiting or simply in a “dating” relationship, the judge will consider the following factors:

the length of the relationship

how much time the couple spends together

the nature of activities the couple engages in

the interrelation of their personal affairs (for example, whether they have joint accounts, contribute jointly to pay bills, have purchased property together, and so on)

whether the couple vacations together, and

whether the couple spends holidays together.

Just because the supported spouse is not having a sexual relationship with another person doesn’t mean it's not cohabitation. Also, just because two individuals could not be legally married in Illinois doesn’t prevent their relationship from being considered cohabitation.

If a supported spouse is cohabiting with another person, the paying spouse’s obligation to pay alimony ends the day the supported spouse begins an ongoing cohabitation, even if the motion to terminate alimony is not filed until later. This means a court may order a reimbursement, back to the date when the cohabitation began.

If you have additional questions about remarriage and alimony, contact an Illinois family law attorney for help.